NZ Metro TC 25 January 2011 – R 4
ID: JCA14277
Meet Title:
NZ Metro TC - 25 January 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2011/01/25
Race Number:
R 4
Decision:
As Mr Kay had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly Mr Kay’s Open Horseman’s licence was suspended from after the completion of racing today, the 25 January 2011, until after the completion of racing on 4 February 2011. These three days are 30 January 2011 at Oamaru, 1 February 2011 at NZMTC, and 4 February 2011 at Forbury Park.
Charge:
Following the running of Race 4, the Avon City Ford Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr P. A. Kay alleging a breach of Rule 869(4) in that he drove in a manner likely to cause interference.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) in that P. Kay drove in a manner likely to cause interference when attempting to shift Arvee Franco down when this horse had a runner on its inside resulting in Count Dracula to strike pylons.”
Rules 869(4) reads as follows,
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”
Mr Kay had indicated on the Information that this breach of the Rules was admitted, and also that he understood the charge and the Rule it was brought under.
Facts:
Mr Renault gave evidence and used video coverage to show that on entering the home straight with over a round to travel Mr Kay was three wide, and he had attempted to shift “Arvee Franco” (11) down. At the time “Count Dracula” (12) was racing inside “Arvee Franco”, and as a result there was no room for “Arvee Franco”, and this horse was squeezed out of its rightful place in the field.
Mr Kay said that he had not realised at the time that he had two horses inside him.
Submissions for Penalty:
In relation to penalty Mr Renault advised that Mr Kay had no previous relevant convictions and had admitted the breach. Mr Renault referred to the Penalty Guide and submitted a fine in the vicinity of $250-00 should be imposed in this case, or alternatively a three day suspension.
The question of an appropriate penalty was discussed. Mr Kay said that he had one horse racing at the moment, and was paying all of the costs himself. He said that he would find it difficult to pay a fine and would prefer a suspension.
It was established that Mr Kay would not be starting his horse at Invercargill on 29 January 2011. The next relevant meetings were on 30 January and 1 and 4 February 2011.
Reasons for Penalty:
In considering an appropriate penalty in this case we took into account that Mr Kay had admitted the breach and that he had no relevant previous convictions. We were satisfied that three day suspension was an appropriate penalty in this case.
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 6fd38216a1b261d9c71d7fd2c58b3368
informantnumber: 69065
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: NZ Metro TC 25 January 2011 - R 4
charge:
Following the running of Race 4, the Avon City Ford Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr P. A. Kay alleging a breach of Rule 869(4) in that he drove in a manner likely to cause interference.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) in that P. Kay drove in a manner likely to cause interference when attempting to shift Arvee Franco down when this horse had a runner on its inside resulting in Count Dracula to strike pylons.”
Rules 869(4) reads as follows,
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”
Mr Kay had indicated on the Information that this breach of the Rules was admitted, and also that he understood the charge and the Rule it was brought under.
facts:
Mr Renault gave evidence and used video coverage to show that on entering the home straight with over a round to travel Mr Kay was three wide, and he had attempted to shift “Arvee Franco” (11) down. At the time “Count Dracula” (12) was racing inside “Arvee Franco”, and as a result there was no room for “Arvee Franco”, and this horse was squeezed out of its rightful place in the field.
Mr Kay said that he had not realised at the time that he had two horses inside him.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Kay had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Renault advised that Mr Kay had no previous relevant convictions and had admitted the breach. Mr Renault referred to the Penalty Guide and submitted a fine in the vicinity of $250-00 should be imposed in this case, or alternatively a three day suspension.
The question of an appropriate penalty was discussed. Mr Kay said that he had one horse racing at the moment, and was paying all of the costs himself. He said that he would find it difficult to pay a fine and would prefer a suspension.
It was established that Mr Kay would not be starting his horse at Invercargill on 29 January 2011. The next relevant meetings were on 30 January and 1 and 4 February 2011.
reasonsforpenalty:
In considering an appropriate penalty in this case we took into account that Mr Kay had admitted the breach and that he had no relevant previous convictions. We were satisfied that three day suspension was an appropriate penalty in this case.
penalty:
Accordingly Mr Kay’s Open Horseman’s licence was suspended from after the completion of racing today, the 25 January 2011, until after the completion of racing on 4 February 2011. These three days are 30 January 2011 at Oamaru, 1 February 2011 at NZMTC, and 4 February 2011 at Forbury Park.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Mr PA Kay - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c47df2eba66ff2b96afa95743717164a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9514df737d4c5275ee018f47ab85caba
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/01/2011
meet_title: NZ Metro TC - 25 January 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: JMillar
meet_pm2: none
name: NZ Metro TC